It’s that time of year again! No, not Valentine’s Day; its H-1B Cap Season! US Citizenship & Immigration Services (“USCIS”) recently announced that the initial registration period for the fiscal year (FY) 2023 H-1B cap will begin at 12pm ET on March 1, 2022, and run through 12pm ET on March 18, 2022. During this registration period, prospective petitioners and their representatives will be able to submit their registrations using their myUSCIS online account and pay the required $10 fee for each registration submitted on behalf of each beneficiary.
Read moreUSCIS Resumes Premium Processing for I-129 and I-140 Petitions In Phases Beginning June 1
US Citizenship & Immigration Services (USCIS) today announced that the agency will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month. On March 20, USCIS previously announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions due to the coronavirus (COVID-19) pandemic.
Read moreDHS: Delays in Filing Extension and Change of Status Petitions Due to the COVID-19 Pandemic
The Department of Homeland Security (DHS), in response to the immigration-related challenges resulting from the coronavirus (COVID-19) pandemic, has issued additional information about filing extension and change of status petitions for those who “may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19.” DHS states that in general nonimmigrants must depart the US before their authorized period of admission expires, but if that is not possible because of reasons related to COVID-19, nonimmigrants should note the following:
Applying for an Extension: DHS first notes that many nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change of status (COS). US Citizenship & Immigration Services (USCIS) is currently accepting and processing applications and petitions, and some forms are available for online filing.
Read moreUSCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency
US Citizenship & Immigration Services (USCIS) announced last week that due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, the agency will accept all benefit forms and documents with reproduced original signatures, including for the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and going forward. This means that a document may be scanned, faxed, photocopied, or similarly reproduced as long as the copy is of an original document containing an original handwritten signature, unless otherwise specified. For forms that require an “original ‘wet’ signature,” per form instructions, USCIS will accept electronically reproduced original signatures for the duration of the national emergency. Applicants who submit documents bearing an electronically reproduced original signature should also keep the original documents containing the “wet” signature since USCIS, at any time, can request the original documents. If upon request these original documents are not provided to USCIS, this “could negatively impact the adjudication of the immigration benefit.” The agency notes that this temporary change only applies to signatures and that all other instructions should be followed when completing and submitting a form.
USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic
US Citizenship & Immigration Services (USCIS) announced effective March 20, 2020, the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to coronavirus pandemic (COVID-19). USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. The agency notes, however, that they will not be able to send notices using pre-paid envelopes and instead only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who do not receive any response on their case within the fifteen-day-calendar period will receive a refund, consistent with 8 CFR 103.7(e). USCIS will notify the public when premium processing returns.
USCIS will reject the I-907 and return the $1,440 filing fee for all petitions requesting premium processing that were mailed before March 20 but not yet accepted. The temporary suspension of premium processing includes petitions filed for the following categories:
I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2; and
I-140: EB-1, EB-2 and EB-3.
This suspension includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B cap exempt petitions. A temporary suspension of premium processing for H-1B FY 2021 cap cases was previously enacted, and this announcement expands upon and supersedes it. USCIS.gov publishes current Form I-129 and I-140 regular processing times on their website.
USCIS Will Reject I-129 Petitions Without Petitioner’s or Applicant’s Primary US Office Address
Effective August 5, 2019, USCIS will begin rejecting Form I-129, Petition for a Nonimmigrant Worker, petitions that do not include the petitioner’s or applicant’s name and primary US office address in Part 1 of Form I-129. Currently, USCIS rejects Form I-129 for several reasons which may include lack of signature, incorrect fees, or unauthorized third party signing on behalf of the petitioner. USCIS notes: “DHS regulations require every form to be submitted in accordance with the form instructions, and allow USCIS to reject any benefit request that is not filed in compliance with the regulations governing the specific benefit request.”
Read moreUSCIS Will Increase Premium Processing Fee Effective October 1, 2018
US Citizenship and Immigration Services (USCIS) announced last week that effective October 1, 2018, the agency is increasing the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, from the current amount of $1,225 to $1,410, a nearly fifteen percent increase. With this fee increase, which is in accordance to the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers, USCIS claims they can “more effectively adjudicate petitions and maintain effective service to petitioners.”
Read moreOPINION: USCIS Updates Policy for Adjudicating Nonimmigrant Worker Extension Petitions
For over a decade, filing an extension of nonimmigrant status has been fairly routine in most cases. On Monday, October 23, 2017, US Citizenship & Immigration Services (USCIS) issued a new policy memorandum that instructs its officers to apply the “same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories.”
Read moreUSCIS: “Changes to Direct Filing Addresses for Form I-129 Petitions”
Effective October 12, 2017, US Citizenship & Immigration Services (USCIS) has changed the direct filing addresses for certain petitioners submitting Form I-129, Petition for a Nonimmigrant Worker. Petitioners must now file Form I-129 according to the “state where the company or organization’s primary office is located.” Petitioners previously filed Form I-129 based on where the beneficiary’s temporary employment or training was located. Additionally, petitioners located in Florida, Georgia, North Carolina, and Texas will now file Form I-129 at the California Service Center.
UCCIS publishes the list of direct filing addresses for Form I-129, Petition for a Nonimmigrant Worker, on their website. Beginning November 11, 2017, USCIS may reject Form I-129s that are filed at the incorrect service center, so it’s recommended to verify (and double-check) the correct address before submitting.
New York Times: “Visa Applications Pour In by Truckload Before Door Slams Shut”
Yesterday, Monday, April 3, was the first day that US Citizenship & Immigration Services (USCIS) began accepting H-1B specialized knowledge cap petitions for fiscal year 2018. At the USCIS California Service Center in Laguna Niguel, delivery trucks carrying H-1B petitions began arriving at dawn. While the official USCIS count of total petitions received won’t be released for at least a few weeks, many immigration experts are predicting more H-1B petitions will be filed than in the previous years because many are concerned of possible changes to the H-1B program under the Trump administration. For the last few years, USCIS has received so many petitions that they’ve closed the filing period after only one week. Last year USCIS received over 236,000 H-1B petitions in the filing period.
Read more